Commonwealth Consolidated Acts

FISHERIES MANAGEMENT ACT 1991

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   3.      Objectives  
   3A.     Principles of ecologically sustainable development  
   4.      Interpretation  
   5.      Coastal waters  
   6.      Act binds the Crown  
   6A.     Application of the Criminal Code  
   7.      Application  
   8.      Application of Act to areas outside the AFZ  
   8A.     Regulations may provide for placement of observers on foreign fishing boats operating outside the AFZ  
   9.      Application of Act to Protected Zone  
   9A.     Act not to apply so as to exceed Commonwealth power  
   10.     Operation of certain State and Territory laws  
   11.     Excepted waters  
   12.     Sedentary organisms--Australian continental shelf  

   PART 2--FISHING--AND THE MARINE ENVIRONMENT

   13.     Driftnet fishing  
   14.     Regulation etc. of certain practices  
   15.     Prohibition against certain fishing  
   15A.    Prohibition against taking marlin  
   15B.    Report on analysis of marlin stocks  

   PART 3--REGULATION--OF FISHING

           Division 1--Preliminary

   16.     AFMA to pursue objectives  
   16A.    AFMA to meet international fisheries management organisation and Fish Stocks Agreement obligations  
   16B.    Australian - flagged boats that have previously undermined conservation and management measures  

           Division 2--Plans of management

   17.     Plans of management  
   17A.    Register of persons concerned about plans of management  
   18.     Action after determining a plan of management  
   19.     Tabling, disallowance etc. of determinations  
   20.     Amendment or revocation of plan of management  

           Division 3--Statutory fishing rights

   21.     Nature of a statutory fishing right  
   22.     AFMA to establish system of statutory fishing rights  
   23.     Certain decisions to be provisional  

           Division 4--Ways of granting statutory fishing rights

   24.     Notice of intention to grant fishing rights  
   25.     Contents of notice  
   26.     Registration of applicants  
   27.     Tenders for fishing rights  
   28.     Prescribed procedures for grant of fishing rights  
   29.     Grant made available to highest bidder etc.  
   30.     Amount of charge to be tendered  
   31.     AFMA to grant fishing right  

           Division 4A--Statutory fishing rights options

   31A.    Options arising when plan of management for fishery is revoked  
   31B.    Rights of option holder where the new plan of management is the same or substantially the same as the former plan of management  
   31C.    Rights of option holder where new plan of management has some features in common with the former plan of management  
   31D.    Exercise and lapsing of option  
   31E.    The Register of Statutory Fishing Rights Options  
   31F.    Registration of dealings in statutory fishing rights options  
   31FA.   Interests in statutory fishing rights options--priority between section 31F interests and PPSA security interests  
   31G.    Claims of interests in statutory fishing rights options  
   31H.    Trusts not registrable  
   31J.    Power of holder of statutory fishing rights option to deal with option  
   31K.    Obligations of AFMA in respect of granting statutory fishing rights under the new plan  
   31L.    Administrative provisions  

           Division 5--Fishing permits

   32.     Grant of fishing permits  
   32A.    Transfer of fishing permits  

           Division 6--Scientific permits

   33.     Grant of scientific permits  

           Division 7--Foreign fishing licences and Treaty licences

   34.     Grant of foreign fishing licences  
   35.     Agreements to grant foreign fishing licences  
   36.     Fisheries agreements  
   37.     Treaty licences  

           Division 8--Suspension and cancellation of fishing concessions

   38.     Suspension of fishing concessions  
   39.     Cancellation of fishing concessions  

           Division 9--Foreign master fishing licences

   40.     Grant of foreign master fishing licences  

           Division 9A--E-monitoring of fishing-related activity

   40A.    Directions to classes of concession and permit holders  
   40B.    Directions to specific concession and permit holders  
   40C.    Conditions of fishing concessions and scientific permits  

           Division 10--Miscellaneous

   41.     Authority to extend to tender boats  
   41A.    AFMA may give directions in relation to closure or partial closure of fishery  
   42.     Determinations relating to logbooks and the furnishing of returns  
   42A.    Fishing concession condition to facilitate boarding  
   42B.    Regulation - making power for conditions  
   43.     Temporary orders  

   PART 4--REGISTER--OF STATUTORY FISHING RIGHTS

   44.     The Register  
   45.     Information to be included in Register  
   46.     Registration of dealings in fishing rights  
   46A.    Interests in fishing rights--priority between section 46 interests and PPSA security interests  
   47.     Trusts not registrable  
   48.     Power of holder of fishing right to deal with fishing right  
   50.     Suspension, cancellation etc. of fishing right to be noted in Register  
   51.     AFMA not concerned with certain matters  
   52.     Inspection of Register and documents  
   53.     Evidentiary provisions  
   54.     Orders for rectification of Register  
   55.     Correction of clerical errors etc. in Register  
   56.     AFMA etc. not liable in certain circumstances  
   57.     Offences  

   PART 4A--REGISTER--OF VESSELS AUTHORISED TO FISH ON HIGH SEAS

   57A.    The High Seas Register  
   57B.    Information to be included in the High Seas Register  
   57C.    Notification obligations  
   57D.    Inspection of the High Seas Register  
   57E.    Application of sections 53 to 56  
   57F.    Offence  

   PART 4B--FISHING--PERMITS REGISTER

   57G.    The Fishing Permits Register  
   57H.    Information to be included in the Fishing Permits Register  
   57J.    Inspection of the Fishing Permits Register  
   57K.    Application of sections 53 to 56  
   57L.    Offence  

   PART 5--CO---OPERATION WITH STATES AND NORTHERN TERRITORY IN MANAGEMENT OF FISHERIES

           Division 1--Preliminary

   58.     Interpretation  
   59.     Application of Part in relation to Northern Territory  
   60.     Acting Ministers  

           Division 2--Joint Authorities

   61.     Establishment of Joint Authorities  
   62.     Functions of Joint Authority  
   63.     Deputies of members  
   64.     Representation on Joint Authority  
   65.     Delegation  
   66.     Procedure of Joint Authorities  
   67.     Decisions taken without meeting  
   68.     Advisory committees  
   69.     Administration  
   70.     Annual reports  

           Division 3--Arrangements with respect to management of particular fisheries

   71.     Arrangements with States--Joint Authority to manage  
   72.     Other arrangements with States  
   73.     Arrangements with States--general provisions  
   74.     Arrangements--how made etc.  
   74A.    Arrangements--how varied etc.  
   75.     Arrangements--how terminated etc.  
   76.     Extension of operation of this Act  
   77.     Exclusion of this Act (except this Division)  
   78.     Effect of arrangement  
   81.     Evidentiary provision  

   PART 6--SURVEILLANCE--AND ENFORCEMENT

           Division 1--Officers

   83.     Appointment of officers  
   84.     Powers of officers  
   84B.    Cooperative Enforcement Agreement  
   84C.    Customs officers may carry arms in exercise of powers under this Act  
   85.     When search warrants can be issued  
   85A.    The things that are authorised by a search warrant  
   85B.    Availability of assistance and use of force in executing a warrant  
   85C.    Copy of warrant to be given to occupier etc.  
   85D.    Specific powers available to officer executing warrant  
   85E.    Use of equipment to examine or process things  
   85F.    Use of electronic equipment at premises  
   85G.    Compensation for damage to electronic equipment  
   85H.    Copies of seized things to be provided  
   85J.    Occupier entitled to be present during search  
   85K.    Receipts for things seized under warrant  
   86.     Warrants by telephone or other electronic means  
   87J.    Use of force to exercise powers  
   88.     Release of seized property  
   88A.    Seizure and forfeiture of foreign boats etc.  
   89.     Identity cards  
   89A.    Defensive equipment  
   90.     Officer etc. not liable to certain actions  

           Division 2--Fish receiver permits

   91.     Grant of fish receiver permits  
   92.     Holder of fish receiver permit to give information etc.  
   93.     Offences in relation to returns etc.  

           Division 3--Foreign fishing boats--port permits

   94.     Grant of port permits  

           Division 4--Enforcement generally

   95.     Offences  
   96.     Removing fish from traps etc.  
   97.     Persons not to receive fish in certain circumstances  
   97A.    E - monitoring equipment and e - monitoring data offences  
   98.     Court may make certain orders  
   98A.    Infringement notices  

           Division 5--Foreign boats--additional enforcement provisions

   99.     Using foreign boat for recreational fishing--strict liability offence  
   100.    Using foreign boat for fishing in AFZ--strict liability offence  
   100A.   Offence of using foreign boat for fishing in AFZ  
   100B.   Using foreign boat for fishing in territorial sea within AFZ  
   101.    Having foreign boat equipped for fishing--strict liability offence  
   101A.   Offence of having foreign boat equipped for fishing  
   101AA.  Having foreign boat equipped for fishing in territorial sea within AFZ  
   101B.   Using boat outside AFZ to support illegal foreign fishing in AFZ  
   102.    Certain foreign boats not to enter Australian ports  
   103.    Foreign boats not to land fish in Australia  
   104.    Foreign boats not to contravene condition of Treaty licence  
   105.    Certain prosecutions to require consent of Minister  

           Division 5A--Offences in places beyond the AFZ

              Subdivision A--Australian-flagged boats beyond the AFZ

   105A.   Australian - flagged boat with fish on high seas  
   105AA.  Person fishing for conserved fish stock on high seas without a concession--strict liability  
   105AB.  Person fishing for conserved fish stock on high seas without a concession  
   105B.   Australian - flagged boat on high seas equipped for fishing  
   105C.   Australian - flagged boat fishing in foreign waters  
   105D.   Authorising foreign officials' action affecting Australian - flagged boats  

              Subdivision B--Using foreign boat to contravene international fisheries management measure

   105E.   Contravention on high seas--strict liability  
   105EA.  Contravention on high seas  
   105EB.  Attorney - General's consent required for prosecution  
   105F.   Australian national on foreign boat in foreign waters--strict liability  
   105FA.  Australian national on foreign boat in foreign waters  

              Subdivision C--Unauthorised foreign boat on high seas

   105H.   Unauthorised fishing--strict liability  
   105I.   Unauthorised fishing  
   105J.   Attorney - General's consent required for prosecution  

           Division 5B--Provisions relating to detention of suspected illegal foreign fishers

   105Q.   Provisions relating to detention of suspected illegal foreign fishers  

           Division 6--General

              Subdivision A--Forfeiture by court order

   106.    Forfeiture of things used in certain offences  
   106AAA. Forfeiture of additional things on forfeited boats  
   106AAB. Forfeited things become the property of the Commonwealth  
   106AAC. Rights and interests of the Commonwealth not limited  

              Subdivision B--Automatic forfeiture of things

   106A.   Forfeiture of things used in certain offences  
   106AA.  Forfeiture of additional things on seized boats  
   106AB.  Rights and interests of the Commonwealth not limited  

              Subdivision BA--Automatic ownership of things

   106AC.  Fish taken with Commonwealth property  
   106AD.  Things on, in or attached to boats  
   106AE.  Rights and interests of the Commonwealth not limited  

              Subdivision C--Dealing with things seized

   106B.   Application of this Subdivision  
   106C.   Notice of seizure  
   106D.   Dealing with thing before it is condemned  
   106E.   Thing condemned if not claimed in time  
   106F.   Dealing with claim for thing  
   106G.   Condemnation of thing if it is claimed  
   106H.   Dealing with thing after it is condemned  
   106HA.  Evidence  

              Subdivision E--Obstruction of officers

   108.    Obstruction of officers etc.  

              Subdivision F--Enforcement action under this Act prevails over other action

   108A.   Seizure or forfeiture has effect despite other proceedings  

              Subdivision G--Disclosures relating to illegal fishing activities

   108B.   Minister may disclose information relating to illegal fishing activities  

   PART 7--COLLECTION--OF LEVY AND CHARGE

           Division 1--Collection of levy imposed by the Fishing Levy Act 1991

   109.    Interpretation  
   110.    When is levy due?  
   111.    Payment by instalments  
   112.    Penalty for non - payment  
   113.    Recovery of levy and other amounts  

           Division 2--Collection of levy imposed by the Foreign Fishing Licences Levy Act 1991

   114.    Interpretation  
   115.    Arrangements between AFMA and person by whom levy payable  
   116.    When is levy due?  
   117.    Penalty for non - payment  
   118.    Recovery of levy and other amounts  

           Division 3--Collection of charge imposed by the Statutory Fishing Rights Charge Act 1991

   119.    Interpretation  
   120.    When is charge due?  
   121.    Payment by instalments  
   122.    Penalty for non - payment  
   123.    Recovery of charge and other amounts  

   PART 8--REVIEW--BY THE STATUTORY FISHING RIGHTS ALLOCATION REVIEW PANEL

           Division 1--Establishment etc. of Panel

   124.    Establishment of Panel  
   125.    Constitution  
   126.    Appointment of members  
   127.    Qualifications etc. of Principal Member  
   128.    Acting Principal Member  
   129.    Constitution of Panel for exercise of powers  
   130.    Member unable to complete review  
   131.    Remuneration and allowances of members  
   132.    Other terms and conditions  
   133.    Resignation  
   134.    Disclosure of interests  
   135.    Termination of appointment  
   136.    Registries  
   137.    Officers of Panel  
   138.    Acting appointments  

           Division 2--Nomination and selection process for members of the Panel

   139.    Presiding Member  
   140.    Acting Presiding Member  
   141.    Request for nominations  
   141A.   Selection Committee  
   141B.   Membership of Selection Committee  
   141C.   Selection of nominees  
   141D.   Nomination  
   141E.   Rejection of nominations  
   141F.   Meetings of a Selection Committee  
   141G.   Remuneration and allowances  
   141H.   Leave of absence  
   141J.   Resignation  
   141K.   Termination of appointment of member of Selection Committee  
   141L.   Disclosure of interests by members of Selection Committees  
   141M.   Resolutions without meetings  
   141N.   Consultants etc.  
   141P.   Presiding Member to abolish Selection Committee  
   141Q.   Annual reports of Selection Committees  

           Division 3--Review by Panel

   142.    Function  
   143.    Application to Panel for review  
   144.    AFMA or Joint Authority to be notified of application for review  
   145.    Arrangements for hearing of application  
   146.    Powers of the Panel etc.  
   147.    Procedure of Panel  
   148.    Representation before Panel  
   149.    Oral evidence usually given in public  
   150.    Powers in relation to decisions under review  
   151.    Withdrawal of application for review  
   152.    Power to dismiss application  
   153.    Refusal to be sworn or to answer questions etc.  
   154.    Majority decision  
   155.    Panel may restrict publication of certain matters  
   156.    Failure of witness to attend  
   157.    Protection of members and persons giving evidence  
   158.    Fees for persons giving evidence  
   159.    Person must not obstruct etc.  
   160.    Procedure following Panel decision  

           Division 4--Appeals

   161.    Appeal to Federal Court of Australia on question of law  
   162.    Operation etc. of decision subject to appeal  

   PART 9--MISCELLANEOUS

           Division 1--Electronic decision-making

   163A.   What this Division is about  
   163B.   Electronic decision - making  
   163C.   Replacing an electronic decision  
   163D.   Evidence of whether computer is functioning correctly  
   163E.   Return of fishing concession certificate not necessary  

           Division 2--Other miscellaneous provisions

   163.    Delegation by Minister  
   164.    Conduct of directors, employees and agents  
   165.    Reconsideration by AFMA and right to review by Administrative Appeals Tribunal  
   166.    Evidence  
   167.    AFMA to compile statistics  
   167A.   Compensation for acquisition of property  
   167B.   AFMA may give information about boats to officers of Customs  
   168.    Regulations  
           SCHEDULE 1A Provisions relating to detention of suspected illegal foreign fishers
           SCHEDULE 1 Treaty on fisheries between the Governments of certain Pacific Island States and the United States of America
           SCHEDULE 2 Fish Stocks Agreement
           SCHEDULE 3 Compliance Agreement